This bill is from the 42nd Parliament, 1st session, which ended in September 2019.
Ralph Goodale Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends the Customs Act to authorize the Canada Border Services Agency to collect, from prescribed persons and prescribed sources, personal information on all persons who are leaving or have left Canada. It also amends the Act to authorize an officer, as defined in that Act, to require that goods that are to be exported from Canada are to be reported despite any exemption under that Act. In addition, it amends the Act to provide officers with the power to examine any goods that are to be exported. Finally, it amends the Act to authorize the disclosure of information collected under the Customs Act to an official of the Department of Employment and Social Development for the purposes of administering or enforcing the Old Age Security Act.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-21s:
Pierre Nantel NDP Longueuil—Saint-Hubert, QC
Mr. Speaker, not many people know this, but before I came to the House, I trained to become a border officer, so I know that these officers already have a lot on their plates. They have a lot to do. I have to wonder what my colleague thinks of their being given an extra duty to collect all of this confidential information to give it to the United States.
Why should we do this work for our neighbours, who are already more than adequately equipped to do so?
Erin O'Toole Conservative Durham, ON
Mr. Speaker, I thank the member for his question. I have great respect for our police forces and our border services officers.
I am very happy to hear the member knows about the great work done by our men and women at the border. Absolutely, he is right that the bill and its companion, Bill C-23, do complicate their roles. They already have immense challenges at our border, particularly as we have seen in Quebec lately.
This is why, in many ways, we provided additional peace officer powers for CBSA agents in the last government. We armed agents at the border for the first time in our history. It is not that we do not like having the world's longest undefended border, and I think Canadians are very proud of that, but when we task CBSA agents to go after drugs, to go after illegal weapons brought in from the United States, which is where the problem is, and not the way the government has been suggesting lately, when we ask them to go after those organizations, we have to ensure they have the tools to do the job, the training to do the job, the numbers to do the job.
Bill C-21 and Bill C-23 are huge enhancements and not all of it can be done through computerization, particularly at the frequency.
Now we have a situation where border resources are stretched thin. There are additional requirements. There will be American ICE agents as part of Bill C-23 on our soil searching Canadians. We have an IRB process that the minister's own documents warn, due to the government's inaction, will go to 11-year wait times for IRB processing, which is remarkable. The social cost associated with that, mainly for the provinces, in four years alone, will be $2.9 billion.
I know my colleagues in Quebec, in the Conservative caucus and certainly in the NDP as well, have been looking at how they can ensure our CBSA agents have the tools they need to do the job and how they can ensure decisions related to the border, Bill C-21 and others, do not overstress the social costs on our provincial partners. That, too, will erode overall confidence in the system.
I am supportive of Bill C-21, but I want to see a much more serious approach taken with respect to travel across our borders.
Sukh Dhaliwal Liberal Surrey—Newton, BC
Mr. Speaker, I am pleased to share my time with my esteemed colleague, the member for London North Centre. I am also pleased to rise today to speak to Bill C-21, which would amend the Customs Act to make our borders and streets safer.
Even though the NDP has some concerns about collection of information, I want to assure Canadians that the proposed legislation will enable the collection of only basic information when someone crosses the border to leave Canada. I certainly would love to ask the hon. members on the NDP side to support the bill, as it would improve our ability to prevent people from travelling overseas to join terrorist organizations, combat human trafficking, better respond to Amber Alerts, and ensure the integrity of certain social benefit programs with residency requirements. The bill would also help prevent controlled goods from being smuggled out of the country.
Over the years, there have been many discussions with our American neighbours about strengthening our relationship that currently sees 400,000 people and $2.5 billion in trade cross the border every day. One of the key goals that both countries are committed to is establishing an entry and exit system through the improved collection of information.
Currently, no information is collected from most individuals exiting Canada. The practice of tracking exit information is followed by many nations around the world, and it is a loophole that needs to be closed in our country.
Currently, CBSA only has the authority to collect exit information on foreign nationals and permanent residents leaving Canada at land border crossings. Bill C-21 would grant CBSA the authority to collect basic information for all people leaving this country, whether by land or air. We have to ensure that when individuals leave Canada, we are able to keep track of their exit, so we can prevent people from joining terrorist groups abroad and prevent people from fleeing from Amber Alerts.
At the same time, we have a duty to ensure the protection of Canadians' privacy, which is why I want to be very clear that the information that would be collected is very basic. No information other than what is on page 2 of the Canadian passport, such as name, date of birth, and gender would be recorded, along with the time and from where one would be exiting Canada.
We have worked closely on this matter with the Privacy Commissioner and we will continue to do so to ensure that the information is only disclosed in accordance with Canadian law.
Before CBSA shares any information, there would have to be a formal information sharing agreement that would govern the use of personal information. Once these agreements are in place, police investigations across Canada will be able to benefit from the information as they will be able to identify if someone they are investigating has fled or is trying to flee Canada.
When we discuss responding to Amber Alerts, controlling the flow of illegal drugs into Canada, or responding to national security threats, knowing who has entered Canada is important. It is also equally important to know who has left.
For example, if police are involved in an investigation of a murder or abduction, they will have the ability to consult with CBSA and be alerted if the suspect arrives at any one of our borders in an attempt to escape. At this point, that person can be stopped. If the person has already left Canada, Canadian police forces can work with their American counterparts to apprehend the suspect and return he or she to Canada.
We regularly see Amber Alerts for children who have been abducted and taken out of the country. It is heartbreaking to imagine the trauma that children and their loved ones go through. This bill would ensure we could do more to locate these children and bring them back to safety.
The importance of and the need to pass the bill is not just to collect information to target those who may be fleeing from a crime. The bill is also important to help the CBSA catch and stop the smuggling and illegal flow of drugs and other goods out of Canada.
These initiatives are important advances in protecting our borders, increasing safety in our streets, while maintaining the privacy of Canadians.
It is important to also add that none of these changes will obstruct or slow the time it takes to go through CBSA at borders or airports. Law-abiding Canadians will continue to simply show their passports and cross borders as they normally would.
People collecting social benefits in accordance with the law will not be affected by Bill C-21. Anyone who has spent at least 10 years in Canada as an adult is entitled to receive old age security regardless of what country they live in. This bill would ensure that we would protect taxpayer money by making it easier to identify fraud and abuse of social benefit programs with residency requirements.
Another benefit of implementing an entry-exit system for all travellers includes identifying visitors who do not leave Canada at the end of their authorized period of stay. This will allow immigration authorities to make more effective use of resources by eliminating wasted time and resources spent conducting investigations on people who have already left the country.
We have brought forward these measures and many others contained in the bill, with the understanding that we have a duty to protect the privacy of Canadians and, at the same, their safety and security. For that reason, we have worked closely with the Privacy Commissioner of Canada to take concrete steps that the information that is collected is limited and protected from being misused.
I hope everyone in the House will join me in supporting the bill to strengthen our borders, to protect Canadians, and to support our police forces with the information they need to successfully conduct investigations.
Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK
Mr. Speaker, the member claimed that Bill C-21 would help crack down on people joining terrorist groups. Why, then, has the Liberal government reduced the penalty to as little as a fine for joining terror groups if it truly takes the legislation seriously?
Sukh Dhaliwal Liberal Surrey—Newton, BC
Mr. Speaker, I want to assure the hon. member and all Canadians that the minister, the Prime Minister, and this government are committed to the safety and security of Canadians. There is no room in Canada, on Canadian soil, for any terrorist or any terrorist activities.
Pierre Nantel NDP Longueuil—Saint-Hubert, QC
Mr. Speaker, I want to ask my colleague across the aisle to cast his mind back two or three years to the time when his party was outraged by several elements of Bill C-51. Regardless, he pledged to vote for the bill and amend it once his party came to power.
Now we are faced with Bill C-21, which is essentially an extension of that other bill. Bill C-21 could give Canadian citizens legitimate grounds to fear that their cellphones will be confiscated for the purpose of accessing their data and seeing if there is any information worth giving or disclosing to the Americans.
Is he aware that his own party promised to amend Bill C-51 and make it less intrusive?
Sukh Dhaliwal Liberal Surrey—Newton, BC
Mr. Speaker, I would tell the member on the other side that the visionary and very experienced Minister of Public Safety has brought this bill forward, first and foremost, keeping in mind the responsibility for Canadians' safety and security; and second, making sure that the information we are collecting is safe and shared only in certain ways. There is only one way, and that is the Canadian way.
Ruby Sahota Liberal Brampton North, ON
Mr. Speaker, I am glad to hear that covering this hole we have in our system will be done through Bill C-21. It was also very interesting to hear my colleague talk about the genuine concerns that our own citizens have.
My office constantly has seniors coming in with OAS issues. Sometimes even those who are very genuine about their travel history have lost a passport or have not documented accurately the trips they have taken outside Canada, and it becomes very difficult to prove when they left and when they entered the country. This can sometimes cause a great hindrance to the seniors' ability to provide for themselves.
I wonder if the member could expand on what he sees in his riding when it comes to helping vulnerable seniors.
Sukh Dhaliwal Liberal Surrey—Newton, BC
Mr. Speaker, I want to thank the member for Brampton North for all the great work she does with those wonderful seniors.
My riding is very similar to Brampton North, and these are the types of difficulties that seniors face every day. To apply for social benefits, they have to have been in Canada for 10 years, and sometimes it is very hard for them to find copies of boarding cards, medical records, and whatnot. However, the bill we have brought forward in relation to the entry and exit system would make it very easy for those seniors to compile their data and prove that they have completed 10 years of residency in Canada so that they will be entitled to those benefits without any of the hassles they face today.
Peter Fragiskatos Liberal London North Centre, ON
Mr. Speaker, I am pleased to rise today in support of Bill C-21, an act to amend the Customs Act. Simply put, the proposed changes would provide the Canada Border Services Agency, or CBSA, with the legislative authority to collect basic exit information on all travellers leaving Canada. The information we are talking about is simple biographical data, such as name, date of birth, and nationality, just enough to know who left the country and when.
Up to now, this has been something the CBSA has not been able to do. The CBSA collects information on all travellers entering Canada, but it collects exit data only for non-citizens who leave by land. Bill C-21 would close this information gap by providing a remedy. It would authorize the CBSA to collect exit information on all travellers. For those leaving by land, it would get it from U.S. Customs and Border Protection, which collects the same information on entry into the United States. For those leaving by air, it would get it from the airlines. In other words, travellers would not have to provide any additional information or be otherwise inconvenienced in any way.
The process by which information would be collected and exchanged under Bill C-21 was the subject of extensive consultations. The government has made privacy a paramount consideration in the development of this legislation. The Office of the Privacy Commissioner has been extensively engaged on this subject. In fact, when the commissioner testified before the public safety committee, which I have the honour of sitting on, he said that the information in question is “not particularly sensitive”.
Even so, the new system of exit data collection would require that privacy impact assessments be carried out, potentially by a number of federal organizations, before being implemented, always, of course, in accordance with Canadian law. This is in line with our commitment to accountability and transparency, particularly in the realm of national security. Canada now has the National Security and Intelligence Committee of Parliamentarians, and Bill C-59 would create a new review agency for security and intelligence activities. In addition, the public safety minister has said clearly that the government is examining options for a specific review body for CBSA.
All of this should give Canadians confidence that the measures in Bill C-21 would be implemented with the utmost consideration for rights and freedoms, including the right to privacy. The Privacy Commissioner said at the committee that Bill C-21 would serve “important public policy objectives”, and I certainly agree with that.
It would, for example, address several security blind spots caused by the fact that we do not currently keep track of who leaves our country. For example, at the moment, very curiously, we have no way of knowing if wanted individuals are fleeing Canada to escape prosecution. Similarly, we might not know that an abducted child who is the subject of an amber alert has been taken out of the country, or that someone who is radicalized is leaving Canada to join a foreign terrorist group.
This lack of information also creates administrative problems. For instance, it complicates the administration of social benefit programs with residency requirements and applications for citizenship and permanent residence, because there is no quick and reliable way of knowing that an applicant spent the requisite amount of time in this country.
The public safety committee heard from a senior immigration department official, and I will quote this because it is very important to get it on the record. She said, “I cannot stress enough how access to this information will enhance program integrity across multiple lines of business by providing IRCC's officers with a tool to objectively confirm an applicant's presence in, absence from, entry into, or departure from Canada.”
Immigration officials also told the committee that Bill C-21 would help to ensure that people who are entitled to Canadian citizenship and permanent residence can get it with a minimum of hassle. Rather than requiring applicants to produce documentation to prove their travel history from years past and expending department resources to conduct investigations and verifications, reliable and accurate information about who was in the country, and when, would already exist.
Bill C-21 would address these and other gaps, improving Canada's ability to combat cross-border crime, effectively administer immigration and social benefit programs, and continue to manage the border in a way that contributes to the safety and prosperity of Canada and Canadians.
Most of our allies, including those in the Five Eyes, have similar systems already in place and this is for good reason. This legislation would bring Canada in line with our international partners in ways that we have not seen before.
As hon. members well know, our highly trained CBSA officials play a critical role in keeping our borders secure and facilitating the flow of legitimate trade and travel 24-7. No matter how well we train our border services officers, we must understand that their effectiveness depends on having the right tools. This includes complete and accurate data. That is why the bill is about accurate, timely, and complete information for border services officers in both Canada and the United States.
We owe it to the country's citizens to close the information gaps that exist in our current border operations, and in this light, I ask all members to support the bill.
Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK
Mr. Speaker, the bill gives the already overburdened CBSA officers the discretion to collect biographical data on travellers as they leave Canada. I have six border crossings on the south side of my riding and I know they are busy as all get out. It is not only happening with illegals entering the country, but it is a tremendous burden.
What does the government envision so as not to overload our agencies in taking too much data to the point where the data becomes useless?
Peter Fragiskatos Liberal London North Centre, ON
Mr. Speaker, as I said in my remarks, the bill is a result of wide consultation. Something this government places great importance on is the security of Canadians. It is the paramount responsibility of any state and any government to make sure that security is emphasized and policies are brought forward that underline and protect Canadians' security.
The hon. member talks about resources. With all due respect to the hon. member and the party opposite, it was their government that cut resources from our security agencies when they were in power. We are working with those security agencies and making sure that they receive the funding they are entitled to.
Just a few weeks ago, the party opposite voted against funding for the CBSA, for the RCMP, and for other initiatives that are security focused. This is very concerning and they have some explaining to do on that front. This government and all of us on this side of the House will continue to take security very seriously. We will fight for that every step of the way.
Michel Picard Liberal Montarville, QC
Mr. Speaker, when I travel to the United States using the NEXUS card, I enter quickly and easily because of its privileges. When I return, I do not even go through customs. It takes me five minutes and my information is recorded. The only customs officer I meet is the one I give my declaration card to in order to leave the airport.
However, at the same time, I realize that my information has already been recorded and that both countries share all the information. It is not about whether there is a heavy workload, but rather whether the sharing of information compromises the privacy of Canadians.
Peter Fragiskatos Liberal London North Centre, ON
Madam Speaker, the member makes a very good point. I have the privilege of working with him at the public safety committee. He brings a great deal of insight to that committee because of what he did in his previous life, if I can put it that way.
As I said, this puts us in line with our allies, particularly the Five Eyes. They are doing similar things. It is about convenience and about ensuring that Canadians do not have to dig up data when questions are asked of where they have been. I know constituents of mine have expressed this concern. Unfortunately, they have been flagged in the past with constant questions about their whereabouts at particular times. This fixes that and brings us in line with international allies and other commitments that we have to Canadians.
David Anderson Conservative Cypress Hills—Grasslands, SK
Madam Speaker, the minister said the bill would help protect taxpayers' dollars by reducing fraud and abuse of certain federal programs with residency requirements and by establishing when people leave Canada we will be able to better determine who is and is not eligible for certain benefits.
The bill gives CBSA the discretion to follow up on this information. If that information reveals that a permanent resident or citizen is living abroad avoiding taxes and only returning to use social services and benefits, what penalties is the government going to be applying to them because it now refuses to revoke citizenship?